Annotations, Discussions, Cases:
Cases Citing Statute 90.607
Total Results: 45
975 So. 2d 1090, 2008 WL 248413
Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1727327
Cited 57 times | Published
...ting his former testimony that the man who made the slashing gesture was not on the jury. Curtis has invoked his Fifth Amendment privilege against self-incrimination, and jurors cannot be called to testify to matters that inhere to the verdict under section 90.607(2)(b), Florida Statutes (1987)....
579 So. 2d 97, 16 Fla. L. Weekly Supp. 287, 1991 Fla. LEXIS 734, 1991 WL 66657
Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1432698
Cited 56 times | Published
...ermine exactly what type of information will be elicited from the jurors, because Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....
...m." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2d DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....
...These conclusions rested in part on the following relevant portion of Florida's Evidence Code: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....
593 So. 2d 206, 1992 WL 164
Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 446377
Cited 46 times | Published
...that a verdict cannot be subsequently impeached by conduct which inheres in the verdict and relates to the jury's deliberations." Mitchell v. State, 527 So.2d 179, 181 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988); accord § 90.607(2)(b), Fla....
...of the crime. [2] Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). [3] Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). [4] Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985). [5] Section 90.607(2)(b), Florida Statutes (1985), provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.
574 So. 2d 124, 1991 WL 6542
Supreme Court of Florida | Filed: Jan 17, 1991 | Docket: 1729756
Cited 45 times | Published
...s by jurors. Any effort to devise such a test is complicated by the fact that Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. [8] § 90.607(2)(b), Fla....
...m." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2d DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....
...(1987) (Law Revision Council Note 1976) (emphasis added). See Maler ex rel. Maler v. Baptist Hosp., 559 So.2d 1157, 1162 (Fla. 3d DCA 1989) (discussing application of this principle). Obviously, any test that required proof or disproof that jurors actually were prejudiced would quickly run afoul of section 90.607(2)(b)....
...We agree with the test formulated by the Fifth Circuit and adopted by the Eleventh, finding that it best comports with both Florida law and the constitutional rights of defendants. This rule avoids the problems of a test that demands inquiry into the thought processes of jurors a practice forbidden by section 90.607(2)(b) of the Florida Evidence Code....
...als that jurors did not consult, Trotter, especially when those materials are irrelevant to the factual and legal issues. Beard. We commend the trial court for seeing that jurors were not questioned regarding their mental processes and thoughts. See § 90.607(2)(b), Fla....
...The trial court stated that "one of the jurors had contraband in the juryroom [during] the penalty phase." However, the resolution of this case would be the same whether or not Kevilly was present during deliberations. [3] We note that the questions posed to the juror were constrained by the requirements of section 90.607(2)(b), Florida Statutes (1987), which prohibit inquiry into jurors' thought processes....
...1st DCA 1989), review denied, 545 So.2d 1366 (Fla. 1989). The Doutre court, however, clearly erred in this holding. The Doutre court permitted an improper inquiry into the thought processes of jurors and then based its finding on this inadmissible evidence. See § 90.607(2)(b), Fla....
...4th DCA) (mem.) (Downey, C.J., & Cross, J., specially concurring), cert. denied, 364 So.2d 887 (Fla. 1978). [8] The statute provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....
587 So. 2d 450, 1991 WL 183081
Supreme Court of Florida | Filed: Sep 19, 1991 | Docket: 373203
Cited 40 times | Published
...Sireci also claims reversible error in the trial court's refusal to poll the jurors concerning their use of the knowledge of the prior death sentence. We note only that the Evidence Code prohibits judicial inquiry into the emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....
854 So. 2d 1235, 2003 WL 21354775
Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 2527422
Cited 38 times | Published
...A juror is not competent to testify about matters inhering in the verdict, such as jurors' emotions, mental processes, or mistaken beliefs. See Baptist Hosp. v. Maler, 579 So.2d 97, 99 (Fla. 1991); State v. Hamilton, 574 So.2d 124, 128 (Fla.1991); see also § 90.607(2)(b), Fla....
...discovered evidence establishes that execution by electrocution is cruel or unusual punishment. [3] Huff v. State, 622 So.2d 982 (Fla.1993). [4] The woman purportedly called Mr. Smith in reference to one of his clients, to whom she was related. [5] Section 90.607(2)(b) provides: (b) Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....
826 So. 2d 932, 2002 WL 1338424
Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1167696
Cited 36 times | Published
...the defense such that, without the errors, there is a reasonable probability that the balance of aggravating and mitigating circumstances would have been different.'"). [14] Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). [15] § 90.607(2)(b), Fla....
717 So. 2d 501, 1998 WL 309069
Supreme Court of Florida | Filed: Aug 18, 1998 | Docket: 473435
Cited 31 times | Published
...The Florida Evidence Code codifies the sanctity of the jury verdict by providing that "[u]pon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment." § 90.607(2)(b), Fla....
...ides that any inquiry into matters that "inhere in the verdict" is prohibited: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....
674 So. 2d 114, 1996 WL 266140
Supreme Court of Florida | Filed: May 16, 1996 | Docket: 1195080
Cited 27 times | Published
...yed no part in the verdict. [3] The trial court clearly erred by asking the jurors whether the expressed concern factored into their decision-making process and by relying on their assurances as a basis for denying Wilding's motion for mistrial. See § 90.607(2)(b), Fla.Stat....
3 So. 3d 1135, 34 Fla. L. Weekly Supp. 199, 2009 Fla. LEXIS 236, 2009 WL 330946
Supreme Court of Florida | Filed: Feb 12, 2009 | Docket: 1652728
Cited 18 times | Published
...sanctity of the jury verdict by providing that `[u]pon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.'" 717 So.2d at 502 (quoting § 90.607(2)(b), Fla....
652 So. 2d 354, 1995 WL 16927
Supreme Court of Florida | Filed: Jan 19, 1995 | Docket: 1365586
Cited 15 times | Published
...Hamilton, 574 So.2d at 129 (quoting United States v. Howard, 506 F.2d at 869 (alteration in original)). [3] In applying this test, courts must take into account Florida's Evidence Code which forbids any judicial inquiry into the emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....
639 So. 2d 597, 1994 WL 164622
Supreme Court of Florida | Filed: May 5, 1994 | Docket: 1712652
Cited 13 times | Published
...In addition, the trial judge compounded the error when she questioned jurors about the article. Although it was appropriate to conduct a hearing, the trial court should not have asked two jurors how the article affected their decision-making process. See § 90.607(2)(b), Fla....
...State, 569 So.2d 1225 (Fla. 1990), cert. denied, 501 U.S. 1259, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991). [2] Richard Lacayo, Law: Whose Trial Is It Anyway? Defense Lawyers Raise Hackles by Attacking Victims and Prosecutors, Time, May 25, 1987, at 62. [3] Section 90.607(2)(b), Florida Statutes (1987), provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....
463 So. 2d 229, 10 Fla. L. Weekly 100
Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 108156
Cited 11 times | Published
...idence and the testimony of a juror at Songer's trial that she believed she could only consider the statutorily enumerated mitigating factors. Regarding the testimony of the juror, the trial judge properly determined that it was not admissible under section 90.607(2)(b), Florida Statutes (1983), which provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....
839 So. 2d 814, 2003 WL 728767
District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1296807
Cited 8 times | Published
...view, when the jurors informed the court they feared retribution from Miles. "Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment." § 90.607(2)(b), Fla....
976 So. 2d 1071, 2007 WL 4258618
Supreme Court of Florida | Filed: Dec 6, 2007 | Docket: 1680083
Cited 7 times | Published
...res in the verdict. 854 So.2d at 1240; see, e.g., McAllister Hotel, Inc. v. Porte, 123 So.2d 339, 344 (Fla. 1959); Russ v. State, 95 So.2d 594, 600 (Fla. 1957). Moreover, a juror is not competent to testify about matters which inhere in the verdict. § 90.607(2)(b), Fla....
762 So. 2d 996, 2000 WL 864455
District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 1690830
Cited 4 times | Published
...Therefore, the courts have strictly limited the situations where interviews of jurors are allowed. See Devoney v. State, 717 So.2d 501 (Fla.1998) (" Devoney II "). In Devoney II, the supreme court held that a juror may not be asked about any matter that "inheres in the verdict." Id. at 502 (quoting section 90.607(2)(b), Florida Statutes (1993))....
650 So. 2d 641, 1995 WL 44535
District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1345687
Cited 3 times | Published
...Allstate Insurance Company, 650 So.2d 354 (Fla. 1995), reaffirmed the holding in its Maler decision. The court found the making of racial jokes and racially biased statements by jurors to each other to be overt acts of misconduct rather than misconduct which inheres in the verdict. Thus, section 90.607(2)(b), Florida Statutes (1993), prohibiting judicial inquiry into matters which essentially inhere in the verdict, is not violated by an inquiry of this nature....
745 So. 2d 354, 1999 WL 741112
District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1294677
Cited 2 times | Published
...his own behalf. This same juror made a statement to the effect that an innocent man would have testified at trial. Appellant claims that these two allegations warrant a court order authorizing defense counsel to interview the jurors or a new trial. Section 90.607(2)(b), Florida Statutes (1997), states that "[u]pon an inquiry into the validity of a verdict ..., a juror is not competent to testify as to any matter which essentially inheres in the verdict....
616 So. 2d 486, 1993 WL 62230
District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 1726689
Cited 2 times | Published
...ermine exactly what type of information will be elicited from the jurors, because Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....
...." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2nd DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....
853 So. 2d 584, 2003 WL 22056015
District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1189198
Cited 1 times | Published
...If this burden is met, the defendant will be entitled to a new trial unless the state can show that the misconduct was harmless. Baptist Hosp.; Miles. A juror interview is not permitted regarding inquiry into any matter that inheres in the verdict and relates to the jury's deliberations. § 90.607(2)(b), Fla....
179 So. 3d 513, 2015 Fla. App. LEXIS 17913, 2015 WL 7543753
District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016003
Cited 1 times | Published
...2002) (affirming denial of
mistrial where three jurors discussed the case during a break from
deliberations because “no nonjuror participated in the discussion, there
was no indication that the jurors were otherwise improperly discussing
1Similarly, section 90.607(2)(b), Florida Statutes, does not permit inquiry into
any matter which inheres in the verdict.
6
extraneous evidence, and the discussion took place during a short break
from ongoing deliberations”); United States v....
605 F. Supp. 686, 1985 U.S. Dist. LEXIS 22895
District Court, M.D. Florida | Filed: Feb 2, 1985 | Docket: 1452913
Cited 1 times | Published
...st petition proceeding and cannot be considered in the instant petition. Under both federal and state law, a juror cannot testify as to matters which were inherent in the deliberative process and which led to a verdict. Fed.R.Evid. 606(b); Fla.Stat. § 90.607(2)(b) (1983)....
Supreme Court of Florida | Filed: May 6, 2021 | Docket: 59885767
Published
questioning of the juror must be consistent with section 90.607(2)(b), Florida Statutes (2020), which provides:
Supreme Court of Florida | Filed: May 13, 2021 | Docket: 59903102
Published
mistaken beliefs.” Martin, slip op. at 21 (quoting § 90.607(2)(b) and then quoting Marshall v. State, 854
182 So. 3d 885, 2016 Fla. App. LEXIS 216, 2016 WL 90746
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026029
Published
...Receipt of non-record information
concerning the amount of the prior verdict is an overt act “‘which might
have prejudicially affected the jury in reaching their own verdict.’” Baptist
Hosp. of Miami, Inc. v. Maler, 579 So. 2d 97, 99 (Fla. 1991) (quoting §
90.607(2)(b), Fla....
District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409771
Published
97, 99 (Fla. 1991) (citation omitted); see also § 90.607(2)(b), Fla. Stat. (2017). This includes inquiries
District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68443447
Published
(emphasis added) (citing § 90.607(2)(b), Fla. Stat. (1987)). Indeed, section 90.607(2)(b), Florida Statutes
